BRIJESH KUMAR YADAV Vs. STATE OF U P

JUDGEMENT

(1.) M. Katju, J. This writ petition has been filed against the impugned order dated 14-5-2003 passed by the District Magistrate, Gorakhpur Annexure-1 to the writ petition. The petitioner has also prayed for a mandamus directing the respondents not to interfere in his functioning as Chairman, Nagar Panchayat, Sahjanwa, District Gorakhpur.

(2.) HEARD learned Counsel for the parties.

(3.) IT is alleged in paragraph 8 of the writ petition that against the order under N. S. A. The petitioner filed a writ petition which has been allowed by the High Court vide Annexure-2 to the writ petition. After being released from Jail the petitioner wrote a letter to the District Magistrate Gorakhpur asking him to recall the order dated 14-5-2003 in view of the fact that the temporary vacancy which had been created on the post of Chairman has come to an end after the petitioner has released from custody and accordingly it was requested that the petitioner be allowed to work as Chairman of the Nagar Panchayat. On this application dated 21-7-2003 the District Magistrate, Gorakhpur directed the S. D. M. , Sahjanwa to submit a report, and the S. D. M. enquired from the S. H. O. Police Station Sahjanwa as to whether the petitioner was wanted to any other criminal case. Photocopy of the petitioner's application showing the endorsement of the District Magistrate, Gorakhpur and the S. D. M. , Sahjanwa is Annexure-3 to the writ petition. A report was submitted by the S. H. O. , Police Station Sahjanwa that the petitioner was on bail in all the cases vide Annexure-4 to the writ petition. IT is alleged in paragraph 11 of the writ petition that after this report of the S. H. O. a fresh report was called from the S. D. M. and legal opinion was also sought from the D. G. C. , Gorakhpur. However, after receiving this report it is alleged that the District Magistrate is sitting tight over the matter and is not allowing the petitioner to function. Hence this petition.